A.M. NO.
004-07-SC November 21, 2000
RULE ON EXAMINATION OF A CHILD WITNESS
Section 1. Applicability of the Rule. - Unless otherwise
provided, this Rule shall govern the examination of child
witnesses who are victims of crime, accused of a crime,
and witnesses to crime. It shall apply in all criminal
proceedings and non-criminal proceedings involving child
witnesses.
Section 2. Objectives. - The objectives of this Rule are to
create and maintain an environment that will allow
children to give reliable and complete evidence, minimize
trauma to children, encourage children to testify in legal
proceedings, and facilitate the ascertainment of truth.
Section 3. Construction of the Rule. - This Rule shall be
liberally construed to uphold the best interests of the child
and to promote maximum accommodation of child
witnesses without prejudice to the constitutional rights of
the accused.
Section 4. Definitions. -
(a) A "child witness" is any person who at the time
of giving testimony is below the age of eighteen
(18) years. In child abuse cases, a child includes
one over eighteen (18) years but is found by the
court as unable to fully take care of himself or
protect himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a
physical or mental disability or condition.
(b) "Child abuse" means physical, psychological,
or sexual abuse, and criminal neglect as defined in
Republic Act No. 7610 and other related laws.
(c) "Facilitator" means a person appointed by the
court to pose questions to a child.
(d) "Record regarding a child" or "record" means
any photograph, videotape, audiotape, film,
handwriting, typewriting, printing, electronic
recording, computer data or printout, or other
memorialization, including any court document,
pleading, or any copy or reproduction of any of the
foregoing, that contains the name, description,
address, school, or any other personal identifying
information about a child or his family and that is
produced or maintained by a public agency,
private agency, or individual.
(e) A "guardian ad litem" is a person appointed by
the court where the case is pending for a child
who is a victim of, accused of, or a witness to a
crime to protect the best interests of the said
child.
(f) A "support person" is a person chosen by the
child to accompany him to testify at or attend a
judicial proceeding or deposition to provide
emotional support for him.
(g) "Best interests of the child" means the totality
of the circumstances and conditions as are most
congenial to the survival, protection, and feelings
of security of the child and most encouraging to
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his physical, psychological, and emotional
development. It also means the least detrimental
available alternative for safeguarding the growth
and development of the child.
(h) "Developmental level" refers to the specific
growth phase in which most individuals are
expected to behave and function in relation to the
advancement of their physical, socio-emotional,
cognitive, and moral abilities.
(i) "In-depth investigative interview" or
"disclosure interview" is an inquiry or proceeding
conducted by duly trained members of a
multidisciplinary team or representatives of law
enforcement or child protective services for the
purpose of determining whether child abuse has
been committed.
Section 5. Guardian ad litem. -
(a) The court may appoint a guardian ad litem for
a child who is a victim of, accused of, or a witness
to a crime to promote the best interests of the
child. In making the appointment, the court shall
consider the background of the guardian ad litem
and his familiarity with the judicial process, social
service programs, and child development, giving
preference to the parents of the child, if qualified.
The guardian ad litem may be a member of the
Philippine Bar. A person who is a witness in any
proceeding involving the child cannot be
appointed as a guardian ad litem.
(b) The guardian ad litem:
(1) Shall attend all interviews,
depositions, hearings, and trial
proceedings in which a child participates;
(2) Shall make recommendations to the
court concerning the welfare of the child;
(3) Shall have access to all reports,
evaluations, and records necessary to
effectively advocate for the child, except
privileged communications;
(4) Shall marshal and coordinate the
delivery of resources and special services
to the child;
(5) Shall explain, in language
understandable to the child, all legal
proceedings, including police
investigations, in which the child is
involved;
(6) Shall assist the child and his family in
coping with the emotional effects of crime
and subsequent criminal or non-criminal
proceedings in which the child is
involved;
(7) May remain with the child while the
child waits to testify;
(8) May interview witnesses; and
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 (9) May request additional examinations
by medical or mental health professionals
if there is a compelling need therefor.
(c) The guardian ad litem shall be notified of all
proceedings but shall not participate in the trial.
However, he may file motions pursuant to sections
9, 10, 25, 26, 27 and 31(c). If the guardian ad litem
is a lawyer, he may object during trial that
questions asked of the child are not appropriate to
his developmental level.
(d) The guardian ad litem may communicate
concerns regarding the child to the court through
an officer of the court designated for that purpose.
(e) The guardian ad litem shall not testify in any
proceeding concerning any information,
statement, or opinion received from the child in
the course of serving as a guardian ad litem,
unless the court finds it necessary to promote the
best interests of the child.
(f) The guardian ad litem shall be presumed to
have acted in good faith in compliance with his
duties described in sub-section (b).
Section 6. Competency. - Every child is presumed
qualified to be a witness. However, the court shall conduct
a competency examination of a child, motu proprio or on
motion of a party, when it finds that substantial doubt
exists regarding the ability of the child to perceive,
remember, communicate, distinguish truth from falsehood,
or appreciate the duty to tell the truth in court.
(a) Proof of necessity. - A party seeking a
competency examination must present proof of
necessity of competency examination. The age of
the child by itself is not a sufficient basis for a
competency examination.
(b) Burden of proof. - To rebut the presumption of
competence enjoyed by a child, the burden of
proof lies on the party challenging his
competence.
(c) Persons allowed at competency examination.
Only the following are allowed to attend a
competency examination:
(1) The judge and necessary court
personnel;
(2) The counsel for the parties;
(3) The guardian ad litem;
(4) One or more support persons for the
child; and
(5) The defendant, unless the court
determines that competence can be fully
evaluated in his absence.
(d) Conduct of examination. - Examination of a
child as to his competence shall be conducted only
by the judge. Counsel for the parties, however, can
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submit questions to the judge that he may, in his
discretion, ask the child.
(e) Developmentally appropriate questions. - The
questions asked at the competency examination
shall be appropriate to the age and developmental
level of the child; shall not be related to the issues
at trial; and shall focus on the ability of the child to
remember, communicate, distinguish between
truth and falsehood, and appreciate the duty to
testify truthfully.
(f) Continuing duty to assess competence. - The
court has the duty of continuously assessing the
competence of the child throughout his testimony.
Section 7. Oath or affirmation. - Before testifying, a child
shall take an oath or affirmation to tell the truth.
Section 8. Examination of a child witness. - The
examination of a child witness presented in a hearing or
any proceeding shall be done in open court. Unless the
witness is incapacitated to speak, or the question calls for a
different mode of answer, the answers of the witness shall
be given orally.
The party who presents a child witness or the guardian ad
litem of such child witness may, however, move the court
to allow him to testify in the manner provided in this Rule.
Section 9. Interpreter for child. -
(a) When a child does not understand the English
or Filipino language or is unable to communicate
in said languages due to his developmental level,
fear, shyness, disability, or other similar reason,
an interpreter whom the child can understand and
who understands the child may be appointed by
the court, motu proprio or upon motion, to
interpret for the child.
(b) If a witness or member of the family of the
child is the only person who can serve as an
interpreter for the child, he shall not be
disqualified and may serve as the interpreter of
the child. The interpreter, however, who is also a
witness, shall testify ahead of the child.
(c) An interpreter shall take an oath or affirmation
to make a true and accurate interpretation.
Section 10. Facilitator to pose questions to child. -
(a) The court may, motu proprio or upon motion,
appoint a facilitator if it determines that the child
is unable to understand or respond to questions
asked. The facilitator may be a child psychologist,
psychiatrist, social worker, guidance counselor,
teacher, religious leader, parent, or relative.
(b) If the court appoints a facilitator, the
respective counsels for the parties shall pose
questions to the child only through the facilitator.
The questions shall either be in the words used by
counsel or, if the child is not likely to understand
the same, in words that are comprehensible to the
child and which convey the meaning intended by
counsel.
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 (c) The facilitator shall take an oath or affirmation
to pose questions to the child according to the
meaning intended by counsel.
Section 11. Support persons. -
(a) A child testifying at a judicial proceeding or
making a deposition shall have the right to be
accompanied by one or two persons of his own
choosing to provide him emotional support.
(1) Both support persons shall remain
within the view of the child during his
testimony.
(2) One of the support persons may
accompany the child to the witness stand,
provided the support person does not
completely obscure the child from the
view of the opposing party, judge, or
hearing officer.
(3) The court may allow the support
person to hold the hand of the child or
take other appropriate steps to provide
emotional support to the child in the
course of the proceedings.
(4) The court shall instruct the support
persons not to prompt, sway, or influence
the child during his testimony.
(b) If the support person chosen by the child is
also a witness, the court may disapprove the
choice if it is sufficiently established that the
attendance of the support person during the
testimony of the child would pose a substantial
risk of influencing or affecting the content of the
testimony of the child.
(c) If the support person who is also a witness is
allowed by the court, his testimony shall be
presented ahead of the testimony of the child.
Section 12. Waiting area for child witnesses. - The
courts are encouraged to provide a waiting area for
children that is separate from waiting areas used by other
persons. The waiting area for children should be furnished
so as to make a child comfortable.
Section 13. Courtroom environment. - To create a more
comfortable environment for the child, the court may, in
its discretion, direct and supervise the location, movement
and deportment of all persons in the courtroom including
the parties, their counsel, child, witnesses, support
persons, guardian ad litem, facilitator, and court personnel.
The child may be allowed to testify from a place other than
the witness chair. The witness chair or other place from
which the child testifies may be turned to facilitate his
testimony but the opposing party and his counsel must
have a frontal or profile view of the child during the
testimony of the child. The witness chair or other place
from which the child testifies may also be rearranged to
allow the child to see the opposing party and his counsel, if
he chooses to look at them, without turning his body or
leaving the witness stand. The judge need not wear his
judicial robe.
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Nothing in this section or any other provision of law,
except official in-court identification provisions, shall be
construed to require a child to look at the accused.
Accommodations for the child under this section need not
be supported by a finding of trauma to the child.
Section 14. Testimony during appropriate hours. - The
court may order that the testimony of the child should be
taken during a time of day when the child is well-rested.
Section 15. Recess during testimony. -
The child may be allowed reasonable periods of relief
while undergoing direct, cross, re-direct, and re-cross
examinations as often as necessary depending on his
developmental level.
Section 16. Testimonial aids. - The court shall permit a
child to use dolls, anatomically-correct dolls, puppets,
drawings, mannequins, or any other appropriate
demonstrative device to assist him in his testimony.
Section 17. Emotional security item. - While testifying, a
child shall be allowed to have an item of his own choosing
such as a blanket, toy, or doll.
Section 18. Approaching the witness. - The court may
prohibit a counsel from approaching a child if it appears
that the child is fearful of or intimidated by the counsel.
Section 19. Mode of questioning. - The court shall
exercise control over the questioning of children so as to
(1) facilitate the ascertainment of the truth, (2) ensure that
questions are stated in a form appropriate to the
developmental level of the child, (3) protect children from
harassment or undue embarrassment, and (4) avoid waste
of time.
The court may allow the child witness to testify in a
narrative form.
Section 20. Leading questions. - The court may allow
leading questions in all stages of examination of a child if
the same will further the interests of justice.
Section 21. Objections to questions. - Objections to
questions should be couched in a manner so as not to
mislead, confuse, frighten, or intimidate the child.
Section 22. Corroboration. - Corroboration shall not be
required of a testimony of a child. His testimony, if credible
by itself, shall be sufficient to support a finding of fact,
conclusion, or judgment subject to the standard of proof
required in criminal and non-criminal cases.
Section 23. Excluding the public. - When a child testifies,
the court may order the exclusion from the courtroom of
all persons, including members of the press, who do not
have a direct interest in the case. Such an order may be
made to protect the right to privacy of the child or if the
court determines on the record that requiring the child to
testify in open court would cause psychological harm to
him, hinder the ascertainment of truth, or result in his
inability to effectively communicate due to
embarrassment, fear, or timidity. In making its order, the
court shall consider the developmental level of the child,
the nature of the crime, the nature of his testimony
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regarding the crime, his relationship to the accused and to
persons attending the trial, his desires, and the interests of
his parents or legal guardian. The court may, motu proprio,
exclude the public from the courtroom if the evidence to
be produced during trial is of such character as to be
offensive to decency or public morals. The court may also,
on motion of the accused, exclude the public from trial,
except court personnel and the counsel of the parties.
Section 24. Persons prohibited from entering and
leaving courtroom. - The court may order that persons
attending the trial shall not enter or leave the courtroom
during the testimony of the child.
Section 25. Live-link television testimony in criminal
cases where the child is a victim or a witness. -
(a) The prosecutor, counsel or the guardian ad
litem may apply for an order that the testimony of
the child be taken in a room outside the
courtroom and be televised to the courtroom by
live-link television.
Before the guardian ad litem applies for an order
under this section, he shall consult the prosecutor
or counsel and shall defer to the judgment of the
prosecutor or counsel regarding the necessity of
applying for an order. In case the guardian ad
ltiem is convinced that the decision of the
prosecutor or counsel not to apply will cause the
child serious emotional trauma, he himself may
apply for the order.
The person seeking such an order shall apply at
least five (5) days before the trial date, unless the
court finds on the record that the need for such an
order was not reasonably foreseeable.
(b) The court may motu proprio hear and
determine, with notice to the parties, the need for
taking the testimony of the child through live-link
television.
(c) The judge may question the child in chambers,
or in some comfortable place other than the
courtroom, in the presence of the support person,
guardian ad litem, prosecutor, and counsel for the
parties. The questions of the judge shall not be
related to the issues at trial but to the feelings of
the child about testifying in the courtroom.
(d) The judge may exclude any person, including
the accused, whose presence or conduct causes
fear to the child.
(e) The court shall issue an order granting or
denying the use of live-link television and stating
the reasons therefor. It shall consider the
following factors:
(1) The age and level of development of
the child;
(2) His physical and mental health,
including any mental or physical
disability;
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(3) Any physical, emotional, or
psychological injury experienced by him;
(4) The nature of the alleged abuse;
(5) Any threats against the child;
(6) His relationship with the accused or
adverse party;
(7) His reaction to any prior encounters
with the accused in court or elsewhere;
(8) His reaction prior to trial when the
topic of testifying was discussed with him
by parents or professionals;
(9) Specific symptoms of stress exhibited
by the child in the days prior to testifying;
(10) Testimony of expert or lay
witnesses;
(11) The custodial situation of the child
and the attitude of the members of his
family regarding the events about which
he will testify; and
(12) Other relevant factors, such as court
atmosphere and formalities of court
procedure.
(f) The court may order that the testimony of the
child be taken by live-link television if there is a
substantial likelihood that the child would suffer
trauma from testifying in the presence of the
accused, his counsel or the prosecutor as the case
may be. The trauma must be of a kind which
would impair the completeness or truthfulness of
the testimony of the child.
(g) If the court orders the taking of testimony by
live-link television:
(1) The child shall testify in a room
separate from the courtroom in the
presence of the guardian ad litem; one or
both of his support persons; the facilitator
and interpreter, if any; a court officer
appointed by the court; persons
necessary to operate the closed-circuit
television equipment; and other persons
whose presence are determined by the
court to be necessary to the welfare and
well-being of the child;
(2) The judge, prosecutor, accused, and
counsel for the parties shall be in the
courtroom. The testimony of the child
shall be transmitted by live-link television
into the courtroom for viewing and
hearing by the judge, prosecutor, counsel
for the parties, accused, victim, and the
public unless excluded.
(3) If it is necessary for the child to
identify the accused at trial, the court may
allow the child to enter the courtroom for
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 the limited purpose of identifying the
accused, or the court may allow the child
to identify the accused by observing the
image of the latter on a television
monitor.
(4) The court may set other conditions
and limitations on the taking of the
testimony that it finds just and
appropriate, taking into consideration the
best interests of the child.
(h) The testimony of the child shall be preserved
on videotape, digital disc, or other similar devices
which shall be made part of the court record and
shall be subject to a protective order as provided
in section 31(b).
Section 26. Screens, one-way mirrors, and other devices
to shield child from accused. -
(a) The prosecutor or the guardian ad litem may
apply for an order that the chair of the child or
that a screen or other device be placed in the
courtroom in such a manner that the child cannot
see the accused while testifying. Before the
guardian ad litem applies for an order under this
section, he shall consult with the prosecutor or
counsel subject to the second and third
paragraphs of section 25(a) of this Rule. The court
shall issue an order stating the reasons and
describing the approved courtroom arrangement.
(b) If the court grants an application to shield the
child from the accused while testifying in the
courtroom, the courtroom shall be arranged to
enable the accused to view the child.
Section 27. Videotaped deposition. -
(a) The prosecutor, counsel, or guardian ad litem
may apply for an order that a deposition be taken
of the testimony of the child and that it be
recorded and preserved on videotape. Before the
guardian ad litem applies for an order under this
section, he shall consult with the prosecutor or
counsel subject to the second and third
paragraphs of section 25(a).
(b) If the court finds that the child will not be able
to testify in open court at trial, it shall issue an
order that the deposition of the child be taken and
preserved by videotape.
(c) The judge shall preside at the videotaped
deposition of a child. Objections to deposition
testimony or evidence, or parts thereof, and the
grounds for the objection shall be stated and shall
be ruled upon at the time of the taking of the
deposition. The other persons who may be
permitted to be present at the proceeding are:
(1) The prosecutor;
(2) The defense counsel;
(3) The guardian ad litem;
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(4) The accused, subject to sub-section
(e);
(5) Other persons whose presence is
determined by the court to be necessary
to the welfare and well-being of the child;
(6) One or both of his support persons,
the facilitator and interpreter, if any;
(7) The court stenographer; and
(8) Persons necessary to operate the
videotape equipment.
(d) The rights of the accused during trial,
especially the right to counsel and to confront and
cross-examine the child, shall not be violated
during the deposition.
(e) If the order of the court is based on evidence
that the child is unable to testify in the physical
presence of the accused, the court may direct the
latter to be excluded from the room in which the
deposition is conducted. In case of exclusion of the
accused, the court shall order that the testimony
of the child be taken by live-link television in
accordance with section 25 of this Rule. If the
accused is excluded from the deposition, it is not
necessary that the child be able to view an image
of the accused.
(f) The videotaped deposition shall be preserved
and stenographically recorded. The videotape and
the stenographic notes shall be transmitted to the
clerk of the court where the case is pending for
safekeeping and shall be made a part of the
record.
(g) The court may set other conditions on the
taking of the deposition that it finds just and
appropriate, taking into consideration the best
interests of the child, the constitutional rights of
the accused, and other relevant factors.
(h) The videotaped deposition and stenographic
notes shall be subject to a protective order as
provided in section 31(b).
(i) If, at the time of trial, the court finds that the
child is unable to testify for a reason stated in
section 25(f) of this Rule, or is unavailable for any
reason described in section 4(c), Rule 23 of the
1997 Rules of Civil Procedure, the court may
admit into evidence the videotaped deposition of
the child in lieu of his testimony at the trial. The
court shall issue an order stating the reasons
therefor.
(j) After the original videotaping but before or
during trial, any party may file any motion for
additional videotaping on the ground of newly
discovered evidence. The court may order an
additional videotaped deposition to receive the
newly discovered evidence.
Section 28. Hearsay exception in child abuse cases. - A
statement made by a child describing any act or attempted
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act of child abuse, not otherwise admissible under the
hearsay rule, may be admitted in evidence in any criminal
or non-criminal proceeding subject to the following rules:
(a) Before such hearsay statement may be
admitted, its proponent shall make known to the
adverse party the intention to offer such
statement and its particulars to provide him a fair
opportunity to object. If the child is available, the
court shall, upon motion of the adverse party,
require the child to be present at the presentation
of the hearsay statement for cross-examination by
the adverse party. When the child is unavailable,
the fact of such circumstance must be proved by
the proponent.
(b) In ruling on the admissibility of such hearsay
statement, the court shall consider the time,
content and circumstances thereof which provide
sufficient indicia of reliability. It shall consider the
following factors:
(1) Whether there is a motive to lie;
(2) The general character of the declarant
child;
(3) Whether more than one person heard
the statement;
(4) Whether the statement was
spontaneous;
(5) The timing of the statement and the
relationship between the declarant child
and witness;
(6) Cross-examination could not show the
lack of knowledge of the declarant child;
(7) The possibility of faulty recollection of
the declarant child is remote; and
(8) The circumstances surrounding the
statement are such that there is no reason
to suppose the declarant child
misrepresented the involvement of the
accused.
(c) The child witness shall be considered
unavailable under the following situations:
(1) Is deceased, suffers from physical
infirmity, lack of memory, mental illness,
or will be exposed to severe psychological
injury; or
(2) Is absent from the hearing and the
proponent of his statement has been
unable to procure his attendance by
process or other reasonable means.
(d) When the child witness is unavailable, his
hearsay testimony shall be admitted only if
corroborated by other admissible evidence.
Section 29. Admissibility of videotaped and audiotaped
in-depth investigative or disclosure interviews in child
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abuse cases. - The court may admit videotape and
audiotape in-depth investigative or disclosure interviews
as evidence, under the following conditions:
(a) The child witness is unable to testify in court
on grounds and under conditions established
under section 28 (c).
(b) The interview of the child was conducted by
duly trained members of a multidisciplinary team
or representatives of law enforcement or child
protective services in situations where child abuse
is suspected so as to determine whether child
abuse occurred.
(c) The party offering the videotape or audiotape
must prove that:
(1) the videotape or audiotape discloses
the identity of all individuals present and
at all times includes their images and
voices;
(2) the statement was not made in
response to questioning calculated to lead
the child to make a particular statement
or is clearly shown to be the statement of
the child and not the product of improper
suggestion;
(3) the videotape and audiotape machine
or device was capable of recording
testimony;
(4) the person operating the device was
competent to operate it;
(5) the videotape or audiotape is
authentic and correct; and
(6) it has been duly preserved.
The individual conducting the interview of the child shall
be available at trial for examination by any party. Before
the videotape or audiotape is offered in evidence, all
parties shall be afforded an opportunity to view or listen to
it and shall be furnished a copy of a written transcript of
the proceedings.
The fact that an investigative interview is not videotaped
or audiotaped as required by this section shall not by itself
constitute a basis to exclude from evidence out-of-court
statements or testimony of the child. It may, however, be
considered in determining the reliability of the statements
of the child describing abuse.
Section 30. Sexual abuse shield rule. -
(a) Inadmissible evidence. - The following
evidence is not admissible in any criminal
proceeding involving alleged child sexual abuse:
(1) Evidence offered to prove that the
alleged victim engaged in other sexual
behavior; and
(2) Evidence offered to prove the sexual
predisposition of the alleged victim.
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 (b) Exception. - Evidence of specific instances of
sexual behavior by the alleged victim to prove that
a person other than the accused was the source of
semen, injury, or other physical evidence shall be
admissible.
A party intending to offer such evidence must:
(1) File a written motion at least fifteen (15) days
before trial, specifically describing the evidence
and stating the purpose for which it is offered,
unless the court, for good cause, requires a
different time for filing or permits filing during
trial; and
(2) Serve the motion on all parties and the
guardian ad litem at least three (3) days before
the hearing of the motion.
Before admitting such evidence, the court must conduct a
hearing in chambers and afford the child, his guardian ad
litem, the parties, and their counsel a right to attend and be
heard. The motion and the record of the hearing must be
sealed and remain under seal and protected by a
protective order set forth in section 31(b). The child shall
not be required to testify at the hearing in chambers
except with his consent.
Section 31. Protection of privacy and safety. -
(a) Confidentiality of records. - Any record
regarding a child shall be confidential and kept
under seal. Except upon written request and order
of the court, a record shall only be released to the
following:
(1) Members of the court staff for
administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law
enforcement agencies; and
(6) Other persons as determined by the
court.
(b) Protective order. - Any videotape or audiotape
of a child that is part of the court record shall be
under a protective order that provides as follows:
(1) Tapes may be viewed only by parties,
their counsel, their expert witness, and
the guardian ad litem.
(2) No tape, or any portion thereof, shall
be divulged by any person mentioned in
sub-section (a) to any other person,
except as necessary for the trial.
(3) No person shall be granted access to
the tape, its transcription or any part
thereof unless he signs a written
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affirmation that he has received and read
a copy of the protective order; that he
submits to the jurisdiction of the court
with respect to the protective order; and
that in case of violation thereof, he will be
subject to the contempt power of the
court.
(4) Each of the tape cassettes and
transcripts thereof made available to the
parties, their counsel, and respective
agents shall bear the following cautionary
notice:
"This object or document and the
contents thereof are subject to a
protective order issued by the court in
(case title) , (case number) . They shall
not be examined, inspected, read, viewed,
or copied by any person, or disclosed to
any person, except as provided in the
protective order. No additional copies of
the tape or any of its portion shall be
made, given, sold, or shown to any person
without prior court order. Any person
violating such protective order is subject
to the contempt power of the court and
other penalties prescribed by law."
(5) No tape shall be given, loaned, sold, or
shown to any person except as ordered by
the court.
(6) Within thirty (30) days from receipt,
all copies of the tape and any transcripts
thereof shall be returned to the clerk of
court for safekeeping unless the period is
extended by the court on motion of a
party.
(7) This protective order shall remain in
full force and effect until further order of
the court.
(c) Additional protective orders. - The court may,
motu proprio or on motion of any party, the child,
his parents, legal guardian, or the guardian ad
litem, issue additional orders to protect the
privacy of the child.
(d) Publication of identity contemptuous. -
Whoever publishes or causes to be published in
any format the name, address, telephone number,
school, or other identifying information of a child
who is or is alleged to be a victim or accused of a
crime or a witness thereof, or an immediate family
of the child shall be liable to the contempt power
of the court.
(e) Physical safety of child; exclusion of evidence. - A
child has a right at any court proceeding not to
testify regarding personal identifying information,
including his name, address, telephone number,
school, and other information that could endanger
his physical safety or his family. The court may,
however, require the child to testify regarding
personal identifying information in the interest of
justice.
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 (f) Destruction of videotapes and audiotapes. - Any
videotape or audiotape of a child produced under
the provisions of this Rule or otherwise made part
of the court record shall be destroyed after five (5)
years have elapsed from the date of entry of
judgment.
(g) Records of youthful offender. - Where a youthful
offender has been charged before any city or
provincial prosecutor or before any municipal
judge and the charges have been ordered dropped,
all the records of the case shall be considered as
privileged and may not be disclosed directly or
indirectly to anyone for any purpose whatsoever.
Where a youthful offender has been charged and the court
acquits him, or dismisses the case or commits him to an
institution and subsequently releases him pursuant to
Chapter 3 of P. D. No. 603, all the records of his case shall
also be considered as privileged and may not be disclosed
directly or indirectly to anyone except to determine if a
defendant may have his sentence suspended under Article
192 of P. D. No. 603 or if he may be granted probation
under the provisions of P. D. No. 968 or to enforce his civil
liability, if said liability has been imposed in the criminal
action. The youthful offender concerned shall not be held
under any provision of law to be guilty of perjury or of
concealment or misrepresentation by reason of his failure
to acknowledge the case or recite any fact related thereto
in response to any inquiry made to him for any purpose.
"Records" within the meaning of this sub-section shall
include those which may be in the files of the National
Bureau of Investigation and with any police department or
government agency which may have been involved in the
case. (Art. 200, P. D. No. 603)
Section 32. Applicability of ordinary rules. - The
provisions of the Rules of Court on deposition, conditional
examination of witnesses, and evidence shall be applied in
a suppletory character.
Section 33. Effectivity. - This Rule shall take effect on
December 15, 2000 following its publication in two (2)
newspapers of general circulation.
REPUBLIC ACT No. 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING
AND OTHER RELATED VIOLATIONS OF THE PRIVACY
OF COMMUNICATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being
authorized by all the parties to any private communication
or spoken word, to tap any wire or cable, or by using any
other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or
dictagraph or dictaphone or walkie-talkie or tape recorder,
or however otherwise described:
It shall also be unlawful for any person, be he a participant
or not in the act or acts penalized in the next preceding
sentence, to knowingly possess any tape record, wire
record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured
either before or after the effective date of this Act in the
manner prohibited by this law; or to replay the same for
any other person or persons; or to communicate the
Rule 128: Special Laws
contents thereof, either verbally or in writing, or to furnish
transcriptions thereof, whether complete or partial, to any
other person: Provided, That the use of such record or any
copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3
hereof, shall not be covered by this prohibition.
Section 2. Any person who willfully or knowingly does or
who shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who
violates the provisions of the following section or of any
order issued thereunder, or aids, permits, or causes such
violation shall, upon conviction thereof, be punished by
imprisonment for not less than six months or more than
six years and with the accessory penalty of perpetual
absolute disqualification from public office if the offender
be a public official at the time of the commission of the
offense, and, if the offender is an alien he shall be subject
to deportation proceedings.
Section 3. Nothing contained in this Act, however, shall
render it unlawful or punishable for any peace officer, who
is authorized by a written order of the Court, to execute
any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of treason,
espionage, provoking war and disloyalty in case of war,
piracy, mutiny in the high seas, rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion,
sedition, conspiracy to commit sedition, inciting to
sedition, kidnapping as defined by the Revised Penal Code,
and violations of Commonwealth Act No. 616, punishing
espionage and other offenses against national
security: Provided, That such written order shall only be
issued or granted upon written application and the
examination under oath or affirmation of the applicant and
the witnesses he may produce and a showing: (1) that
there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed or is
being committed or is about to be committed: Provided,
however, That in cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted only
upon prior proof that a rebellion or acts of sedition, as the
case may be, have actually been or are being committed;
(2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any
person for, or to the solution of, or to the prevention of,
any of such crimes; and (3) that there are no other means
readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity
of the person or persons whose communications,
conversations, discussions, or spoken words are to be
overheard, intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the telegraph
line or the telephone number involved and its location; (2)
the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations,
discussions, or spoken words; (3) the offense or offenses
committed or sought to be prevented; and (4) the period of
the authorization. The authorization shall be effective for
the period specified in the order which shall not exceed
sixty (60) days from the date of issuance of the order,
unless extended or renewed by the court upon being
satisfied that such extension or renewal is in the public
interest.
All recordings made under court authorization shall,
within forty-eight hours after the expiration of the period
Page 8
fixed in the order, be deposited with the court in a sealed
envelope or sealed package, and shall be accompanied by
an affidavit of the peace officer granted such authority
stating the number of recordings made, the dates and
times covered by each recording, the number of tapes,
discs, or records included in the deposit, and certifying
that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such
duplicates or copies are included in the envelope or
package deposited with the court. The envelope or
package so deposited shall not be opened, or the
recordings replayed, or used in evidence, or their contents
revealed, except upon order of the court, which shall not
be granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
The court referred to in this section shall be understood to
mean the Court of First Instance within whose territorial
jurisdiction the acts for which authority is applied for are
to be executed.
Section 4. Any communication or spoken word, or the
existence, contents, substance, purport, effect, or meaning
of the same or any part thereof, or any information therein
contained obtained or secured by any person in violation
of the preceding sections of this Act shall not be admissible
in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
Section 5. All laws inconsistent with the provisions of this
Act are hereby repealed or accordingly amended.
Section 6. This Act shall take effect upon its approval.
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled::
Section 1. Statement of Policy. It is the policy of the
Senate to value the dignity of every human being and
guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public
Officers.
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under
his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform
the latter, in a language known to and understood by him,
of his rights to remain silent and to have competent and
independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation.
If such person cannot afford the services of his own
Rule 128: Special Laws
counsel, he must be provided with a competent and
independent counsel by the investigating officer.lawphi1
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and write,
it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect
whatsoever.
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall be
in writing and signed by such person in the presence of his
counsel or in the latter's absence, upon a valid waiver, and
in the presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of
the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or
under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or
by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any
international non-governmental organization duly
accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fianc
or fiance, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include
the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected
to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.
Section 3. Assisting Counsel. Assisting counsel is any
lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or
those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers
shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the
suspected person is chargeable with light
felonies;lawphi1alf
(b) The amount of Two hundred fifty pesos (P250.00) if
the suspected person is chargeable with less grave or
grave felonies;
Page 9
(c) The amount of Three hundred fifty pesos (P350.00) if
the suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or
municipality where the custodial investigation is
conducted, provided that if the municipality of city cannot
pay such fee, the province comprising such municipality or
city shall pay the fee: Provided, That the Municipal or City
Treasurer must certify that no funds are available to pay
the fees of assisting counsel before the province pays said
fees.
In the absence of any lawyer, no custodial investigation
shall be conducted and the suspected person can only be
detained by the investigating officer in accordance with
the provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. (a) Any arresting public
officer or employee, or any investigating officer, who fails
to inform any person arrested, detained or under custodial
investigation of his right to remain silent and to have
competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00)
or a penalty of imprisonment of not less than eight (8)
years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been
previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer
or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested,
detained or under custodial investigation for the
commission of an offense if the latter cannot afford the
services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any
lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or
from examining and treating him, or from ministering to
his spiritual needs, at any hour of the day or, in urgent
cases, of the night shall suffer the penalty of imprisonment
of not less than four (4) years nor more than six (6) years,
and a fine of four thousand pesos (P4,000.00).lawphi1
The provisions of the above Section notwithstanding, any
security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and
prevent his escape.
Section 5. Repealing Clause. Republic Act No. No. 857,
as amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts
thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.
Section 6. Effectivity. This Act shall take effect fifteen
(15) days following its publication in the Official Gazette or
in any daily newspapers of general circulation in the
Philippines.
Republic Act No. 9372 March 6, 2007
Rule 128: Special Laws
AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM
SEC. 7. Surveillance of Suspects and Interception and
Recording of Communications. -The provisions of
Republic Act No. 4200 (Anti-Wire Tapping Law) to the
contrary notwithstanding, a police or law enforcement
official and the members of his team may, upon a written
order of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or type of
electronic or other surveillance equipment or intercepting
and tracking devices, or with the use of any other suitable
ways and means for that purpose, any communication,
message, conversation, discussion, or spoken or written
words between members of a judicially declared and
outlawed terrorist organization, association, or group of
persons or of any person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of
communications between lawyers and clients, doctors and
patients, journalists and their sources and confidential
business correspondence shall not be authorized.
REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
Section 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment. The PDEA shall take charge and have custody
of all dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment
so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or
laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
(3) A certification of the forensic laboratory examination
results, which shall be done under oath by the forensic
laboratory examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject item/s: Provided,
That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and
essential chemicals does not allow the completion of
Page 10
testing within the time frame, a partial laboratory
examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however,
That a final certification shall be issued on the completed
forensic laboratory examination on the same within the
next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall,
within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-four
(24) hours thereafter proceed with the destruction or
burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall
draw up the guidelines on the manner of proper
disposition and destruction of such item/s which shall be
borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate
purposes: Provided, further, That a representative sample,
duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to
the fact of destruction or burning of the subject item/s
which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court
having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum
quantity as determined by the Board;
REPUBLIC ACT No. 1405
AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY
INTO, DEPOSITS WITH ANY BANKING INSTITUTION
AND PROVIDING PENALTY THEREFOR.
Section 1. It is hereby declared to be the policy of the
Government to give encouragement to the people to
deposit their money in banking institutions and to
discourage private hoarding so that the same may be
properly utilized by banks in authorized loans to assist in
the economic development of the country.
Section 2. 1 All deposits of whatever nature with banks or
banking institutions in the Philippines including
investments in bonds issued by the Government of the
Philippines, its political subdivisions and its
instrumentalities, are hereby considered as of an
absolutely confidential nature and may not be examined,
inquired or looked into by any person, government official,
bureau or office, except upon written permission of the
depositor, or in cases of impeachment, or upon order of a
competent court in cases of bribery or dereliction of duty
of public officials, or in cases where the money deposited
or invested is the subject matter of the litigation.
Section 3. It shall be unlawful for any official or employee
of a banking institution to disclose to any person other
than those mentioned in Section two hereof any
information concerning said deposits.
Section 4. All Acts or parts of Acts, Special Charters,
Executive Orders, Rules and Regulations which are
inconsistent with the provisions of this Act are hereby
repealed.

(6) The alleged offender or his/her representative or
counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender
or accused refuses or fails to appoint a representative after
due notice in writing to the accused or his/her counsel
within seventy-two (72) hours before the actual burning
or destruction of the evidence in question, the Secretary of
Justice shall appoint a member of the public attorney's
office to represent the former;
Section 5. Any violation of this law will subject offender
upon conviction, to an imprisonment of not more than five
years or a fine of not more than twenty thousand pesos or
both, in the discretion of the court.
Section 6. This Act shall take effect upon its approval.
Approved: September 9, 1955

(7) After the promulgation and judgment in the criminal

case wherein the representative sample/s was presented
as evidence in court, the trial prosecutor shall inform the
Board of the final termination of the case and, in turn, shall
request the court for leave to turn over the said
representative sample/s to the PDEA for proper
disposition and destruction within twenty-four (24) hours
from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours

from the effectivity of this Act, dangerous drugs defined
herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned
or destroyed, in the presence of representatives of the
Court, DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous
drugs provided under this Section shall be implemented by
the DOH.

Rule 128: Special Laws Page 11